Pakistan Penal Code

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Pakistan Penal Code
Created 1860
Author(s) Lord Macaulay

The Pakistan Penal Code usually called PPC (Urdu: مجموعہ تعزیرات پاکستان‎, Majmū'ah-yi ta'zīrāt-i Pākistān) is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of British India as the Indian Penal Code. After the independence in 1947, Pakistan inherited the same code and subsequently after several amendments by different governments, in it Pakistan it is now a mixture of Islamic and English Law. Presently, the Pakistan Penal Code is still in effect and can be amended by the Senate of Pakistan.[1]

History[edit]

The draft of the (British) Indian Penal Code was prepared by the First Law Commission and it was chaired by Lord Macaulay. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Suggestions were also derived from the French Penal Code and from Livingstone's Code of Louisiana. The draft underwent a very careful revision at the hands of Sir Barnes Peacock, Chief Justice, and puisne Judges of the Calcutta Supreme Court who were members of the Legislative Council, and was passed into law in 1860, unfortunately Macaulay did not survive to see his masterpiece enacted into a law.

Though it is principally the work of a man who had hardly held a brief, and whose time was devoted to politics and literature, it was universally acknowledged to be a monument of codification and an everlasting memorial to the high juristic attainments of its distinguished author. For example even cyber crimes can be punished under the code.

Children[edit]

Ryan Stanten[edit]

On October 11, 2012, Ryan Stanten, a 16-year-old Christian boy was charged with blasphemy via text messages. His charges include; Section 295-C of the Pakistan Penal Code, Section 7 of the Anti-Terrorism Act and Section 25 of the Telegraph Act. He was the 22nd person to be charged with blasphemy in 2012.[2]

Rimsha Masih[edit]

In October 2012, Rimsha Masih, a 14 year old Christian girl was charged and arrested with a charge of blasphemy under the Pakistan Penal Code for burning pages of the Quran. As a result, Muslims ran through the streets destroying crosses and burning bibles. However later the court freed the girl from the charges and a local person is charged for fraudulent framing of the girl in this act.

Children of Pastor Kelvin[edit]

On August 8, 2012, a violation of blasphemy under The Pakistan Penal Code led to the kidnapping of a Christian Pastor's two sons and three daughters; Roma, Anmol, Daniel, Ismail, and Angel.[3] Pastor Kelvin and his wife were also captured.[4]

Important Features of PPC[edit]

Jurisdiction[edit]

Section 1. Title and extent of operation of the Code. This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan.

  • Section 4

The provisions of this Code apply also to any offence committed by:-

  • (1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan;
  • (4) any person on any ship or aircraft registered in Pakistan wherever it may be.

Explanation: In this section the word "offence" includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code. Extension of Code to extraterritorial offences.

==Punishments==

  • Section 53.

The punishments to which offenders are liable under the provisions of this Code are:

  • First, Qisas;
  • Second, Diyat;
  • Third, Arsh− (Pre-specified Compensation);
  • Fourth, Daman (Compensation determined by court to be paid by the offender to the victim for causing hurt not liable to Arsh);
  • Fifth, Ta'zir;
  • Sixth, Death;
  • Seventh, Imprisonment for life;
  • Eighth, Imprisonment which is of two descriptions, namely:--
  1. Rigorous (i.e., with hard labour);
  2. Simple;
  • Ninth, Forfeiture of property;
  • Tenth, Fine

First five punishments are added by amendments and are considered Islamic Punishments, and very few are sentenced to these punishments so far. Anyone who is sentenced to first five punishments can appeal to Federal Shariat court.

Important sections which are commonly used in daily prosecution[edit]

  • 109 Abetment
  • 147/148 Punishment for rioting and armed with deadly weapon
  • 154 FIR
  • 294 Obscene Acts
  • 295A Outraging religious beliefs
  • 302 Qatl-e-amd( intentional and delibrate murder)
  • 324 Attempt to commit Qatl-e-amd
  • 337 Shujjah (Bodily hurts)
  • 345 wrongful confinement
  • 352 Punishment for assault
  • 365 Kidnapping
  • 376 Rape
  • 379 Theft
  • 384 Extortion
  • 392 Robbery
  • 452 House trespass
  • 504 Intentional insult

See also[edit]

External links[edit]

  1. ^ http://www.senate.gov.pk/Legis%20Br/bill/Private%20Bills/penal.pdf
  2. ^ http://www.ndtv.com/article/world/teen-boy-in-pakistan-accused-of-blasphemy-via-text-messages-278273
  3. ^ http://www.pakistanchristianpost.com/viewnews.php?newsid=1834
  4. ^ http://www.pakistanchristianpost.com/headlinenewsd.php?hnewsid=3685